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If you read their T&C you will find that they can do this, obviously.
It is in everyone's interests of course.
Any excessive and unexpected load on the network means that everyone's access can be compromised.
1. HTTPS on news servers is advertised on news servers as a PRIVACY measure. Most countries where these news servers operate do not have shaping.
2. VPN is not illegal or mentioned explicitly as in "You may not use a VPN service on MWEB."
3. TOS by their definition are not a warning but a list of rules.
4. The TOS are worded to appear that people who intend to degrade network quality are abusers, however that's not the intent of these heavy downloaders.
Goodness. I can't believe MWeb missed all of this. They are so clueless. Please PM the MWeb rep. and let him know. I'm sure they'll be interested to see that they've got it completely wrong. You've proven that everyone else is always and expert that knows everything, despite not actually having access to all the relevant facts. All the non-lawyers are always quick to make sweeping pronouncements on legal issues. They really should have consulted you before launching uncapped, before releasing theit T&C and before starting to protect their own network and all the other 99.99% of paying users who don't contravene the T&C. FFS!
Define "willingly". Do you have proof?
Well, apparently they think they can, but I don't think it's that simple. I'm itching to see somebody test this, since the MWEB CEO (I think?) did say something about nobody will be disconnected for high data usage (which I think is the trigger for all the cases we've seen so far).
It is in everyone's interest that they get what they pay for. Right now, people are effectively being capped/throttled by MWEB's excessive shaping (far worse than the international standard). They're paying good money to rent a decent linespeed and aren't able to extract anything meaningful from it due to MWEB's activities.
The network is MWEB's responsibility. This goes to the heart of the client-ISP relationship -MWEB are responsible for the network, period. They cannot dump responsibility for poor network performance on any particular user/s unless said user/s are engaged in maliciously sabotaging the network.
so tell me peterCH on what basis would you make a case ?
If you contravene the T&C, they can and will disconnect you. It's really a no-brainer.
If you don't like shaping, try a different company.
I already told you. MWEB want you to sacrifice privacy in order to shape you.
Their TOS are not specific either, so you never know when you are an abuser or not.
Their CEO said they wouldn't kick people off.
I think they're also being a bit vindictive in a sudden cancellation with no warning.
I am seriously considering a move after this. I have email accounts with MWEB though - does anyone know a way to keep those email accounts from 1998?
Read the post from the MWeb Technical Rep. He describes there that the kind of usage they are taking action against requires behaviour that cannot simply be stumbled upon.
Fixed that for you.
can't see how this is going to stand if you downloaded pirate material. let's face it out of 800gig of usage at least 10% of not 90% are non legit. no i don't want the whole piracy argument, this is what ASASA might take into consideration or whom ever reviews the case.
I already told you. MWEB want you to sacrifice privacy in order to shape you.
Their TOS are not specific either, so you never know when you are an abuser or not.
Their CEO said they wouldn't kick people off.
I think they're also being a bit vindictive in a sudden cancellation with no warning.
I am seriously considering a move after this. I have email accounts with MWEB though - does anyone know a way to keep those email accounts from 1998?
What is downloaded is irrelevant. The point is that they can tighten the rules as they see fit - yesterday it was 800GB, next week it will be 200GB, next month it may be 50GB.
can't see how this is going to stand if you downloaded pirate material. let's face it out of 800gig of usage at least 10% of not 90% are non legit. no i don't want the whole piracy argument, this is what ASASA might take into consideration or whom ever reviews the case.
Misrepresentation. We know they have unshaped accounts where you can encrypt as much as you like.
The kind of usage you use when you want privacy.
you didn't read. re-read and re-reply it's not my view.